David W. Boyce v. Thomas E. Bennett, et. al
| David W. Boyce |
| Thomas E. Bennett, Patricia L. Montgomery, Various Former and/or Current Newport News Police Department Officer John Does 1-4 and The City of Newport News, Virginia |
| 2:2014cv00249 |
| May 27, 2014 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Richmond |
| Robert G. Doumar |
| Tommy E. Miller |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
263
OPINION AND ORDER granting in part and denying in part 165 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 167 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 169 Motion to Dismiss for Failure to State a Claim. As set forth above, the Court GRANTS in part, and DENIES in part, Defendants' Fox, Perkinson, and Gaddis' motions to dismiss Counts Two, Three, and Seven of the second amended comp laint. ECF No. 165, 167, and 169. Such motions are GRANTED with respect to Count Three (§ 1983 access to courts) and Count Seven (state-law gross negligence) and DENIED as to Count Two (§ 1983 conspiracy). The Court will revisit Defendants& #039; arguments as to the viability of the conspiracy claim set forth in Count Two based on the developed factual record after a hearing is conducted as part of the summary judgment process. As indicated above, such hearing will be conducted after Boyce has completed the supplemental discovery recently authorized by the Court. Signed by District Judge Mark S. Davis and filed on 11/9/15. Copies distributed to all counsel of record 11/9/15. (ldab, )
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